[EL] [POSSIBLE SPAM] Re: Paz Harassment
JBoppjr at aol.com
JBoppjr at aol.com
Sat Aug 31 04:13:13 PDT 2013
Thanks Brad for channeling me.
Jim Bopp
In a message dated 8/30/2013 9:37:38 A.M. Eastern Daylight Time,
BSmith at law.capital.edu writes:
Sam,
I know I'm not Jim, but I will tell you my answer: no, I do not support
such a law. My goal is to maximize freedom and to promote efficient labor
markets. It is to simplify the law rather than make it more complex. It is to
allow for voluntary standards of behavior rather than compulsory standards
except in the most extreme circumstances. The employer should be free to
hire and fire on the basis of political ideology, and the employee should not
be compelled by the force of law to disclose his or her political
activities absent a compelling government reason.
The big problem here, I think, is that there's just not a very compelling
government reason for requiring the disclosure of much that is required to
be disclosed. The disclosure debate too often seems to turn on whether the
victim has other remedies or a good reason (as determined by a judge) to
fear reprisal. In my view, it ought to turn on whether the government has a
strong reason to demand the disclosure. Only after the government
demonstrates such a reason should we get into any type of balancing.
My preference is more freedom, not less.
Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
614.236.6317
http://law.capital.edu/faculty/bios/bsmith.aspx
____________________________________
From: law-election-bounces at department-lists.uci.edu
[law-election-bounces at department-lists.uci.edu] on behalf of Samuel Bagenstos [sambagen at umich.edu]
Sent: Friday, August 30, 2013 8:21 AM
To: JBoppjr at aol.com
Cc: law-election at uci.edu
Subject: [POSSIBLE SPAM] Re: [EL] Paz Harassment
In an article forthcoming in a couple of months, I argue that it should
generally be illegal for an employer to fire an employee for off-work
political activities like making a donation for or against Prop 8, perhaps with
exceptions for small or closely held businesses or for high-level corporate
officials or people hired specifically to engage in political speech on
behalf of a corporation (e.g., lobbyists). Jim, would you support a law
embodying those principles?
Sent from my iPad
On Aug 30, 2013, at 8:03 AM, _JBoppjr at aol.com_ (mailto:JBoppjr at aol.com)
wrote:
In the Prop 8 litigation, we got affidavits or verified through newspaper
articles over 250 incidents of harrassment of Prop 8 donors. I don't
remember a single one where the perpetrator was punished. Partially because in
some instances the harrassment is legal -- like firing the person.
And what if the perpetrators were caught? The donor has paint on his car
and the perpetrator gets a $50 fine. The donor is still discouraged from
donating again. Jim Bopp
In a message dated 8/29/2013 3:15:21 P.M. Eastern Daylight Time,
_mmcdon at gmu.edu_ (mailto:mmcdon at gmu.edu) writes:
Do you have information that you wish to share with law enforcement that
she is being targeted through disclosure of a campaign donation?
Anyone who has been following what is happening on reddit and other social
media these days wrt to say, the identity of the Boston bombers, knows
that campaign finance disclosure information is likely not the source.
============
Dr. Michael P. McDonald
Associate Professor
George Mason University
4400 University Drive - 3F4
Fairfax, VA 22030-4444
phone: 703-993-4191 (office)
e-mail: _mmcdon at gmu.edu_ (mailto:mmcdon at gmu.edu)
web: _http://elections.gmu.edu_ (http://elections.gmu.edu/)
twitter: @ElectProject
____________________________________
From: Bill Maurer [_wmaurer at ij.org_ (mailto:wmaurer at ij.org) ]
Sent: Thursday, August 29, 2013 2:40 PM
To: Michael P McDonald; _law-election at UCI.edu_
(mailto:law-election at UCI.edu)
Subject: RE: [EL] Paz Harassment
Professor, I would say she’s probably being harassed because she made a
campaign donation—and then the government made a whole bunch of information
about her public that she probably now wishes very much that they hadn’t.
I don’t really care about the motivations of the harasser—what I care
about is that the government is helping harassment to occur and providing
significant disincentives for people (especially small donors who have a lot to
lose if their union steward, boss, neighbor, neighborhood identity thief,
etc. read the disclosure reports) to participate in the country’s political
life. And having a cop say, “Wow, it’s a shame that happened” after the
fact doesn’t fix that or make the fact that the government is enabling this
activity any less problematic.
And to the extent that these are straw men, they are straw men accepted by
the courts as a justification for the disclosure of almost all political
activity in this country, regardless of how minute. The fact that we on the
side of anonymity have to counter some fairly silly arguments only
reflects the fact that the courts have fully bought into those arguments.
From: _law-election-bounces at department-lists.uci.edu_
(mailto:law-election-bounces at department-lists.uci.edu)
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Michael P McDonald
Sent: Thursday, August 29, 2013 11:25 AM
To: _law-election at UCI.edu_ (mailto:law-election at UCI.edu)
Subject: Re: [EL] Paz Harassment
Do you guys ever get tired of punching straw men? No one ever said there
was no political harassment and several people gave examples of it, myself
included. The claim was the harassment *for a campaign donation* was a rare
thing, is terrible, but when weighed against other democratic values
should be properly handled through law enforcement. I don't think Ms. Paz is
being harassed for a campaign donation.
============
Dr. Michael P. McDonald
Associate Professor
George Mason University
4400 University Drive - 3F4
Fairfax, VA 22030-4444
phone: 703-993-4191 (office)
e-mail: _mmcdon at gmu.edu_ (mailto:mmcdon at gmu.edu)
web: _http://elections.gmu.edu_ (http://elections.gmu.edu/)
twitter: @ElectProject
____________________________________
From: _law-election-bounces at department-lists.uci.edu_
(mailto:law-election-bounces at department-lists.uci.edu)
[_law-election-bounces at department-lists.uci.edu_ (mailto:law-election-bounces at department-lists.uci.edu) ] on behalf
of Smith, Brad [_BSmith at law.capital.edu_ (mailto:BSmith at law.capital.edu) ]
Sent: Thursday, August 29, 2013 2:03 PM
To: Bill Maurer; _law-election at UCI.edu_ (mailto:law-election at UCI.edu)
Subject: Re: [EL] Paz Harassment
Ah, so that explains why the President has urged higher taxes on the
wealthy - he's a captive of his donor base of IRS agents! Thank goodness now we
know. Had I know this 10 months ago, it would certainly have influenced my
vote, and helped me make sense of the campaign.
By the way, Bill - you're not much good at using the databases - I got to
her street address in 25 seconds from the time I started looking, and it
took me that long because I kept hitting the "caps lock" key when I meant to
hit the "tab" key. I'm tempted to publish it here, because, like you say,
it's probably not worth worrying about, and it's important for people to
know. Otherwise, we couldn't be sure it was the right Holly Paz. Besides, most
people making death threats probably don't *really* plan to kill her, they
just want to harass her a bit, and a little harassment for someone is,
well, like Justice Scalia and a few others I could name always say, it's a
small price to pay when the alternative is not knowing which politicians are
beholden to Holly Paz.
Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
614.236.6317
http://law.capital.edu/faculty/bios/bsmith.aspx
____________________________________
From: _law-election-bounces at department-lists.uci.edu_
(mailto:law-election-bounces at department-lists.uci.edu)
[_law-election-bounces at department-lists.uci.edu_ (mailto:law-election-bounces at department-lists.uci.edu) ] on behalf
of Bill Maurer [_wmaurer at ij.org_ (mailto:wmaurer at ij.org) ]
Sent: Thursday, August 29, 2013 1:32 PM
To: Rick Hasen; _law-election at UCI.edu_ (mailto:law-election at UCI.edu)
Subject: Re: [EL] Paz Harassment
I was wondering how people got Ms. Paz’s private information so they could
engage in the harassment discussed in story, given that I imagine that
most IRS officials are not all that forthcoming about where they live. Then I
did a search for her political donations and—Shazam!—there it was, at
least what state and city she lives in (had she given money in Washington
state, her street address would have been listed too).
However, I’ve been told repeatedly that using this information to harass
people (i) doesn’t happen, (ii) isn’t that bad anyway, and (iii) it’s the
price of political courage, so I guess it’s all okay. Maybe she’ll be able
to get an exemption from reporting now that people have actually
threatened to kill her, but that will depend on whether a judge decides her fear is
“reasonable” in light of the need to “follow the money” right up to where
the yellow police tape starts.
Bill
From: _law-election-bounces at department-lists.uci.edu_
(mailto:law-election-bounces at department-lists.uci.edu)
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Wednesday, August 28, 2013 9:42 PM
To: _law-election at UCI.edu_ (mailto:law-election at UCI.edu)
Subject: [EL] ELB News and Commentary 8/29/13
_“IRS official who scrutinized conservative groups facing harassment,
attorney says”_ (http://electionlawblog.org/?p=54904)
Posted on _August 28, 2013 9:38 pm_ (http://electionlawblog.org/?p=54904)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_WaPo:_
(http://www.washingtonpost.com/politics/irs-official-who-scrutinized-conservative-groups-facing-harassment-attorney-says/2013/08/28/50577962-0ff
6-11e3-bdf6-e4fc677d94a1_story.html)
A top Internal Revenue Service official has faced harassment, including
threatening telephone calls and visits to her home, after being singled out
for criticism by Republicans, her lawyer alleges in a letter to lawmakers.
The official, _Holly Paz_
(http://www.washingtonpost.com/blogs/the-fix/wp/2013/06/17/what-did-top-irs-official-holly-paz-tell-congressional-investigator
s-here-are-the-highlights/) , has been on administrative leave since June
in connection with _the controversy_
(http://www.washingtonpost.com/politics/obama-denounces-reported-irs-targeting-of-conservative-groups/2013/05/13/a01
85644-bbdf-11e2-97d4-a479289a31f9_story.html) over how the IRS scrutinized
conservative groups applying for tax-exempt status. Paz was involved in
subjecting some tea party groups to scrutiny and helped conduct an internal
review of the program, but has not been formally accused of wrongdoing.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54904&title=“
IRS%20official%20who%20scrutinized%20conservative%20groups%20facing%20harassment,%20attorney%20says”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) , _tax
law and election law_ (http://electionlawblog.org/?cat=22)
_Tom Edsall Gets Major Republican Strategists, Top U.S. Political
Scientists to Weigh in On Chances for Republicans to Capture Presidency in 2016_
(http://electionlawblog.org/?p=54902)
Posted on _August 28, 2013 9:34 pm_ (http://electionlawblog.org/?p=54902)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Important perspectives_
(http://opinionator.blogs.nytimes.com/2013/08/28/can-republicans-paint-the-white-house-red/?hp&_r=0) .
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54902&title=Tom%20Edsall%20Gets%20Major%20Republican%20Strategist
s,%20Top%20U.S.%20Political%20Scientists%20to%20Weigh%20in%20On%20Chances%20
for%20Republicans%20to%20Capture%20Presidency%20in%202016&descript)
Posted in _campaigns_ (http://electionlawblog.org/?cat=59)
_“Obama: ‘We’re Not Going To Wait For Congress’ To Act On Voting Rights
Act”_ (http://electionlawblog.org/?p=54900)
Posted on _August 28, 2013 9:28 pm_ (http://electionlawblog.org/?p=54900)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Video_
(http://www.realclearpolitics.com/video/2013/08/28/obama_were_not_going_to_wait_for_congress_to_act_on_voting_rights_act.html) from PBS News
Hour interview.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54900&title=“Obama:%20‘We’
re%20Not%20Going%20To%20Wait%20For%20Congress’%20To%20Act%20On%20Voting%20Rights%20Act”&description=)
Posted in _Department of Justice_ (http://electionlawblog.org/?cat=26) ,
_The Voting Wars_ (http://electionlawblog.org/?cat=60) , _Voting Rights
Act_ (http://electionlawblog.org/?cat=15)
_“N.C. Lawmakers Meet Raucous Crowd at Charlotte Forum”_
(http://electionlawblog.org/?p=54898)
Posted on _August 28, 2013 9:26 pm_ (http://electionlawblog.org/?p=54898)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_The backlash begins._ (http:
//electionlawblog.org/N.C.%20lawmakers%20meet%20raucous%20crowd%20at%20Charlotte%20forum%20%20Read%20more%20here:%20http:/w
ww.charlotteobserver.com/2013/08/28/4271194/nc-lawmakers-meet-raucous-crowd.
html#storylink=cpy)
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54898&title=“
N.C.%20Lawmakers%20Meet%20Raucous%20Crowd%20at%20Charlotte%20Forum”&description=)
Posted in _The Voting Wars_ (http://electionlawblog.org/?cat=60)
_“The True Cost of Free Voter I.D. in Texas”_
(http://electionlawblog.org/?p=54896)
Posted on _August 28, 2013 9:17 pm_ (http://electionlawblog.org/?p=54896)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_This interesting item_
(http://texaselectionlaw.wordpress.com/2013/07/25/the-true-cost-of-free-voter-i-d-in-texas/) (and many other interesting
items) appear at the new “Texas Election Law Blog.” The blog is _written by_
(http://texaselectionlaw.wordpress.com/about/) “Joseph Kulhavy – I am a
licensed attorney in the State of Texas, and from October 6, 2004 until July
2, 2013, I was a staff attorney with the Elections Division, Texas Secretary
of State.”
Keep an eye here.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54896&title=“
The%20True%20Cost%20of%20Free%20Voter%20I.D.%20in%20Texas”&description=)
Posted in _The Voting Wars_ (http://electionlawblog.org/?cat=60) , _voter
id_ (http://electionlawblog.org/?cat=9) , _Voting Rights Act_
(http://electionlawblog.org/?cat=15)
_Other Goings-On in Texas Since The Supreme Court Killed Voting Rights Act
Section 5 Preclearance_ (http://electionlawblog.org/?p=54892)
Posted on _August 28, 2013 9:11 pm_ (http://electionlawblog.org/?p=54892)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_In Pasadena, TX:_
(http://txredistricting.org/post/58935159956/pasadena-redistricting-moves-draw-questions) “the City of Pasadena in southeast
Harris County voted 5-4 to place a proposition on the November 2013 ballot that,
if approved by voters, would change the city’s current 8 single member
district system of electing members of the city council to a 6-2 system
featuring two at large members_._
(http://txredistricting.org/post/58935159956/pasadena-redistricting-moves-draw-questions) State Sen. Sylvia Garcia, MALDEF,
and the Houston Chronicle have all expressed concerns that the move would
dilute the voting strength of the city’s rapidly growing Hispanic
population.”
In _Galveston, TX: _
(http://www.houstonchronicle.com/news/houston-texas/houston/article/Galveston-County-may-run-afoul-of-Voting-Rights-4747681.php) “
Galveston County commissioners have slashed the number of justice of the
peace and constable districts a year after the U.S. Justice Department
blocked a similar plan as discriminatory.”
Yeah, the e_nd of preclearance matters_
(http://www.slate.com/articles/news_and_politics/jurisprudence/2013/08/north_carolina_s_speedy_vote_suppression_
tactics_show_exactly_why_the_voting.html) . And for those like _James
Taranto _
(http://online.wsj.com/article/SB10001424127887324108204579024942693167698.html) who say the Court didn’t really kill Section 5, only the
preclearance provision of section 4, I debunk that claim in my APSA paper (which I’
m presenting tomorrow), _Shelby County and the Illusion of Minimalism._
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291612)
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54892&title=Other%20Goings-On%20in%20Texas%20Since%20The%20Suprem
e%20Court%20Killed%20Voting%20Rights%20Act%20Section%205%20Preclearance&desc
ription=)
Posted in _Supreme Court_ (http://electionlawblog.org/?cat=29) , _Voting
Rights Act_ (http://electionlawblog.org/?cat=15)
_Eric Wang on McCutcheon_ (http://electionlawblog.org/?p=54890)
Posted on _August 28, 2013 9:00 pm_ (http://electionlawblog.org/?p=54890)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Here_
(http://www.washingtontimes.com/news/2013/aug/28/wang-cutting-the-price-tag-off-free-speech/) , in the Washington Times.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54890&title=Eric%20Wang%20on%20McCutcheon&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10)
_“Black Republicans try to appropriate Martin Luther King”_
(http://electionlawblog.org/?p=54888)
Posted on _August 28, 2013 8:56 pm_ (http://electionlawblog.org/?p=54888)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
And apparently they _don’t suppor_
(http://www.washingtonpost.com/opinions/dana-milbank-black-republicans-try-to-appropriate-martin-luther-king/2013/08/
26/2eb47d18-0e99-11e3-bdf6-e4fc677d94a1_story.html) t fixing the Voting
Rights Act:
A similar response greeted Rep. Jim Sensenbrenner (R-Wis.), who criticized
_the Supreme Court decision_
(http://www.washingtonpost.com/politics/supreme-court-stops-use-of-key-part-of-voting-rights-act/2013/06/25/26888528-dda5-1
1e2-b197-f248b21f94c4_story.html) that invalidated part of the Voting
Rights Act and vowed to repair the law so that it is “impervious to another
challenge that will be filed by the usual suspects. I’m with you on that.”
The light applause suggested that most of those in attendance were not with
him.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54888&title=“
Black%20Republicans%20try%20to%20appropriate%20Martin%20Luther%20King”&description=)
Posted in _Voting Rights Act_ (http://electionlawblog.org/?cat=15)
_“Sorority offered free drinks to members to vote in Tuscaloosa City Board
of Education race”_ (http://electionlawblog.org/?p=54886)
Posted on _August 28, 2013 8:54 pm_ (http://electionlawblog.org/?p=54886)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_The Birmingham News reports. (h/t Political Wire)_
(http://politicalwire.com/archives/2013/08/28/sorority_girls_offered_free_drinks_to_vote.html#.Uh6P
QVbh_mE.twitter)
Offering payments or incentives for voting is illegal in federal
elections. It is also illegal in some states. (It is illegal in all states to pay
someone to vote for or against a candidate or ballot measure.)
More on this in my article, _Vote Buying. _
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=257564)
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54886&title=“
Sorority%20offered%20free%20drinks%20to%20members%20to%20vote%20in%20Tuscaloosa%20City%20Board%20of%20Education%20race”
&description=)
Posted in _vote buying_ (http://electionlawblog.org/?cat=43)
_“Colorado: Campaign Finance complaint filed against Morse opponent points
to the hybrid nature of recalls”_ (http://electionlawblog.org/?p=54884)
Posted on _August 28, 2013 10:13 am_ (http://electionlawblog.org/?p=54884)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_This item_
(http://recallelections.blogspot.com/2013/08/colorado-campaign-finance-complaint.html) appears at the Recall Elections Blog.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54884&title=“
Colorado:%20Campaign%20Finance%20complaint%20filed%20against%20Morse%20opponent%20points%20to%20the%20hybrid%20nature%20of%20rec
alls”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,
_recall elections_ (http://electionlawblog.org/?cat=11)
_“What Today’s Journalists Can Learn From MLK Coverage; In 1963,
newspapers tried to present ‘both sides’ of the civil rights struggle. Modern
reporters should know better — but when it comes to voting rights, they often
make the same mistake.”_ (http://electionlawblog.org/?p=54882)
Posted on _August 28, 2013 10:11 am_ (http://electionlawblog.org/?p=54882)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Andrew Cohen writes_
(http://www.theatlantic.com/national/archive/2013/08/what-todays-journalists-can-learn-from-mlk-coverage/278095/) for The
Atlantic.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54882&title=“What%20Today’
s%20Journalists%20Can%20Learn%20From%20MLK%20Coverage;%20In%201963,%20newspapers%20tried%20to%20present%20‘
both%20sides’%20of%20the%20civil%20right)
Posted in _The Voting Wars_ (http://electionlawblog.org/?cat=60)
_“Republicans Admit Voter ID Laws Are Aimed at Democratic Voters”_
(http://electionlawblog.org/?p=54880)
Posted on _August 28, 2013 9:17 am_ (http://electionlawblog.org/?p=54880)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Jamelle Bouie writes_
(http://www.thedailybeast.com/articles/2013/08/28/republicans-admit-voter-id-laws-are-aimed-at-democratic-voters.html?utm_source=
feedburner&utm_medium=feed&utm_campaign=Feed:+thedailybeast/politics+(The+Da
ily+Beast+-+Politics)) for The Daily Beast.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54880&title=“
Republicans%20Admit%20Voter%20ID%20Laws%20Are%20Aimed%20at%20Democratic%20Voters”&description=)
Posted in _The Voting Wars_ (http://electionlawblog.org/?cat=60)
_“King’s Deferred ‘Dream’ of Democracy”_
(http://electionlawblog.org/?p=54878)
Posted on _August 28, 2013 8:56 am_ (http://electionlawblog.org/?p=54878)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
_Janai Nelson writes_
(http://blogs.reuters.com/great-debate/2013/08/27/kings-deferred-dream-of-democracy/) for Reuters Opinion.
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54878&title=“King’s%20Deferred%20‘Dream’%20of%20Democracy”
&description=)
Posted in _Voting Rights Act_ (http://electionlawblog.org/?cat=15)
_An Open Letter to Jonathan Tobin on Voter Fraud Allegations_
(http://electionlawblog.org/?p=54875)
Posted on _August 28, 2013 8:32 am_ (http://electionlawblog.org/?p=54875)
by _Rick Hasen_ (http://electionlawblog.org/?author=3)
Mr Tobin,
Is it possible for you to stop the _bait and switch_
(http://electionlawblog.org/?p=48568) ? No one I know who has studied this issue says there’s no
voter fraud (hence, the misleading title of your piece: _Are You Sure There’
s No Voter Fraud_
(http://www.commentarymagazine.com/2013/08/27/are-you-sure-theres-no-voter-fraud-voter-id-detroi/) ?). It happens, especially with
absentee ballots.
Instead, the claim is that there’s almost no voter impersonation fraud—
the main type of fraud a voter id law would be designed to prevent. For my
book The Voting Wars I tried to find a single instance where an election was
thrown into question _since 1980_ (http://electionlawblog.org/?p=42150) by
such fraud. I _could not find_ (http://electionlawblog.org/?p=19560) a
single example. I found lots of examples of absentee ballot fraud, and
election officials committing fraud. But because impersonation fraud is such a
dumb and inefficient way to steal an election, it is unsurprising that it
doesn’t happen. You offer no such examples in your writing; just innuendo.
And please don’t tell me that this fraud is both widespread and impossible
to detect (to paraphrase Colin Powell’s recent remarks). There’s not a
_single credible academic_ (http://electionlawblog.org/?p=42251) who would
agree. We have some _comparative numbers from News21_
(http://electionlawblog.org/?p=48568) on prosecutions for these kinds of crimes. Absentee ballot
fraud is a real problem. Impersonation fraud is negligible. There’s no
reason to believe that impersonation fraud would be harder to catch. In fact,
because it would involve a lot of people going to polling places claiming
to be someone else, it would be easier to catch.
So spare me the unsubstantiated allegations. And if you are really serious
that voter fraud is a major problem, let’s see you get behind and advocate
for the elimination of no excuse absentee balloting before you attack
phantom targets.
Sincerely,
Rick Hasen
_<image001.png>_
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=54875&title=An%20Open%20Letter%20to%20Jonathan%20Tobin%20on%20Vot
er%20Fraud%20Allegations&description=)
Posted in _fraudulent fraud squad_ (http://electionlawblog.org/?cat=8) ,
_The Voting Wars_ (http://electionlawblog.org/?cat=60)
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu)
http://www.law.uci.edu/faculty/full-time/hasen/
_http://e0.0.00.-1078959216ilDAIEOSZL4yR:0024ccde E:853800.1465174239
V:10f7.404.1.1.16.1.US S:Mlginpa [N3]]]]onstruction [mN]kmZJzRCSDQO3c416A7GoaiP
7bkq1ywhw1thGwFynT7ootMGS1M3hq0p/MLgk3gG15hxNuIF8t6f2TViiKhxzSM6KilSZvEa8wPt
V0W9BeTfnClrvQCNBJgYLGukVzmKo4PSoYvrJ+V8RRV23QNuHhwO8VXQ2yBW58J0cYUB288kvzhS
nJooIn4Dv2Wcef4DnPB+WhFhmQsKNl+bWk+vDKj50mtvD_
(http://electionlawblog.org/)
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